Sabah: native courts, native customary land, native estates and time limits

Key points

The Native Courts Enactment 1992 has three tiers: Native Court, District Native Court and Native Court of Appeal (ss 3–5).
A notice of appeal must be filed within 60 days of the order; filing in time stays execution (NCE 1992 s 20).
Lawyers cannot appear in the Native Court or District Native Court; only registered Native Court of Appeal advocates may appear in the Native Court of Appeal (NCE 1992 s 27(1)).
A Native Courts Enactment 2026 has been published but comes into operation only on a date appointed in the Gazette; it will then repeal the 1992 Enactment (NCE 2026 ss 1(2), 50(1)).
Dealings in land between natives and non-natives are forbidden without the Minister’s written permission, with limited exceptions (Land Ordinance s 17).
Sabah has its own limitation periods, e.g. 3 years for personal injury and 6 years for written contracts (Limitation Ordinance Cap. 72, Schedule).

The native courts today (Native Courts Enactment 1992)

The Native Courts Enactment 1992 (reference copy to December 2016, amended by En. 3 of 2011) sets up three tiers:

Native Court: a District Chief presiding with two Native Chiefs or Headmen of the area; no member may sit in a matter in which he has a personal interest (s 3).
District Native Court for each district: the District Officer presiding with two District Chiefs or Native Chiefs (s 4).
Native Court of Appeal for the whole State: a Judge as President with two District Chiefs or Native Chiefs (s 5).

What the Native Court hears (s 6(1)): breaches of native law or custom where all parties are natives; religious, matrimonial or sexual breaches of native law or custom where one party is a non-native, if the District Officer, on the advice of two Native Chiefs, sanctions the case in writing; and cases under native law or custom on betrothal, marriage, divorce, nullity and judicial separation; adoption, guardianship or custody of infants, maintenance of dependants and legitimacy; and gifts and succession, with or without a will. It hears cases where the cause arose, the breach occurred or the facts exist within its area (s 6(2)). Native courts have no jurisdiction in matters for the Syariah Courts or the Civil Courts (s 9).

Which custom applies: in matrimonial or sexual cases between people of different races, the custom of the woman’s race; in gifts and succession, the custom of the giver’s or deceased’s race; in adoption, custody, maintenance and legitimacy, the custom of the race of the person the case is about (s 6(3)–(5)).

Orders: for offences against native law or custom, a fine, imprisonment or both, or another punishment authorised by native law or custom that is not repugnant to natural justice and humanity, within limits set by federal law (s 10(1)); in other cases, any just and equitable order under native law or custom (s 10(2)); and compensation to the injured person in cash or in kind (s 12).

Appeals, lawyers and time limits in the native courts

Appeal route: Native Court → District Native Court of that district (s 17(1)) → Native Court of Appeal (s 18(1)).
Grounds: as of right on a question of native law or custom alone; with leave on a question of fact, mixed law and fact, or against a sentence of imprisonment (ss 17(2), 18(2)). The District Native Court may recall witnesses, take further evidence and summon assessors (s 17(3)).
Deadline: no appeal is heard unless the notice of appeal is filed within 60 days of the order; a notice filed in time stays execution (s 20).
Representation: no advocate may appear in the Native Court or the District Native Court; an advocate registered as a Native Court of Appeal advocate may appear in the Native Court of Appeal (s 27(1)). Anyone else may represent a party only with the court’s permission, showing it is necessary (s 27(2)–(3)).
Limitation: a case filed after the period in the Enactment’s Schedule will not be heard; if the last day is a weekly or public holiday, you may file the next day (s 29).

The Native Courts Enactment 2026 (not yet in operation)

The Native Courts Enactment 2026 (reference copy, October 2026) comes into operation on a date to be appointed by the Minister by Gazette notification (s 1(2)). When it does, it repeals the 1992 Enactment, and pending cases move to the new courts (s 50(1)–(2)). Key changes in its text:

It applies only where all parties are natives, unless it or another written law provides otherwise (s 1(3)).
New courts: a Native District Court for matters up to RM50,000, a Native High Court above RM50,000 and for transferred cases, and a Native Court of Appeal (ss 10, 11, 16).
Wider listed jurisdiction, including inheritance and succession, custody and maintenance, maintenance of a spouse, breach of betrothal, divorce of adat marriages (including where a spouse embraces Islam or marries again under Act 164), and division of matrimonial assets (s 9(2)).
No appeal without leave; leave must be sought within 60 days of the decision and the application stays execution (s 17).
Native court advocates must be advocates born and domiciled in Sabah with knowledge of adat, and may not appear in the Native District Court (s 31).
The court may refer a dispute to mediation before a District Chief, Native Chief or Headman (s 39). A person who defaults on an adat fine, compensation or sogit may be fined up to RM5,000 or jailed up to two years, or both (s 38(2)).

Native customary rights to land (Land Ordinance Cap. 68)

What counts as native customary rights (s 15): land held by customary tenure; land planted with fruit trees at 50 or more trees per hectare; isolated fruit trees, sago, rotan or other useful plants the claimant planted or kept and regularly enjoyed; grazing land kept stocked; land cultivated or built on within three years; burial grounds or shrines; and usual rights of way.
Claims: when someone applies for unalienated country land, the Collector must publish a notice calling on anyone claiming native customary rights (without a registered title) to send in a claim by the stated date; if no claim is made, the land is dealt with as if no such rights existed (s 13). Claims are taken down in writing by the headman or the Collector and decided by the Collector (s 14).
Outcome: proven rights are dealt with either by money compensation or by granting the land with a title under Part IV; if compensation is chosen, the land vests in the Government (s 16).
Customary tenure means lawful possession of land by natives by continuous occupation or cultivation for three or more consecutive years, or by title under Part IV (s 65). It gives a permanent, heritable and transferable right of use and occupancy, subject to cultivation and communal-labour duties (s 66). Claims based on customary tenure are decided by the Collector, subject to appeal under ss 41 and 84 (s 69).
Natives and non-natives: all dealings in land between natives and non-natives are forbidden without the Minister’s written permission (s 17(1)). Exceptions: a native owner of Part IV land may charge it to the Sabah Credit Corporation or a licensed bank or finance company (s 17(4)) and may sublease it to a non-native for up to 30 years (s 17(5)). No non-native may buy Part IV land except under s 17, and a power of attorney over such land in favour of a non-native is void (s 64).
Succession: s 74 provides that succession to a native’s Part IV land is decided under the Administration of Native and Small Estates Ordinance (Cap. 1).

Natives’ estates: the Native Court route (Act 98, Part IV)

Part IV of the Small Estates (Distribution) Act 1955 applies only in Sabah (s 26).

The estate of a native of Sabah is deemed a small estate if its immovable property is all held under Native Title (whatever its value) and its movable property is not more than RM20,000 (s 26A(1)).
The Land Administrator refers the petition for such an estate to the appropriate Native Court, unless it should be dealt with under the Probate and Administration Act 1959, in which case the record goes to the High Court (s 26B).
The Native Court follows the Act’s procedure, makes the distribution order having regard to the Wills Ordinance of Sabah and the law or custom applicable to the deceased, and sends its decision to the Land Administrator for registration of land interests (s 26C).

Time limits for suing in Sabah (Limitation Ordinance Cap. 72)

The Limitation Ordinance (Sabah Cap. 72) (reference copy April 2012) has its own Schedule. A suit filed after the period is dismissed, provided limitation is raised as a defence (s 3). Some common periods (article numbers in brackets):

Claim	Period	Runs from
Libel (11); slander (12)	1 year	Publication; words spoken (or special damage, where needed)
False imprisonment (8); malicious prosecution (10)	1 year	Imprisonment ends; acquittal or end of prosecution
Other wrongs independent of contract not otherwise provided for (20)	2 years	When the wrong takes place
Injury to the person (94A)	3 years	When the injury is committed
Breach of a contract not in writing (94); money lent (39)	3 years	Breach; when the loan is made
Breach of a contract in writing (95)	6 years	As for a similar unwritten contract
Any suit with no other period in the Schedule (97)	6 years	When the right to sue accrues
On a judgment obtained in Sabah (98); landlord recovering possession from a tenant (108)	12 years	Judgment; end of tenancy

Minors and persons of unsound mind may sue within the same period after the disability ends, but never more than three years after it ends or the person dies (s 6(1), (5)).
Fraud: time runs from when the fraud became known (s 18). Written acknowledgment of liability before the period ends starts a new period (s 19).

Laws cited on this page

Act 97	Probate and Administration Act 1959 Akta Probet dan Pentadbiran 1959	PDF · PDF (BM) · Official ↗
Act 98	Small Estates (Distribution) Act 1955 Akta Harta Pesaka Kecil (Pembahagian) 1955 Our guide →	PDF · Official ↗
Act 164	Law Reform (Marriage and Divorce) Act 1976 Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976 Our guide →	PDF · PDF (BM) · Official ↗

Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →

Worked examples

Example 1: Claiming rights before land is alienated

Facts. A company applies for unalienated country land near Kampung Lingkungan. Pak Jimmy has kept fruit trees and a family burial ground there for many years but has no title.

The law. The Collector must publish a notice calling for claims to native customary rights; claims are taken down in writing and decided by the Collector (Land Ordinance ss 13–14). Burial grounds and qualifying fruit trees count as native customary rights (s 15).

Outcome. Pak Jimmy should send in his claim by the date in the notice; if he proves his rights, he receives money compensation or a grant of the land with a title (s 16). If no claim is made, the land is treated as free of such rights (s 13).

Example 2: Appealing a Native Court order

Facts. Rosnah is ordered by the Native Court to pay compensation under adat. She thinks the court misapplied the custom.

The law. An appeal lies to the District Native Court as of right on a question of native law or custom alone (NCE 1992 s 17(2)(a)); the notice must be filed within 60 days (s 20(1)).

Outcome. If she files the notice within 60 days, the order is stayed while the appeal is pending (s 20(2)). She cannot be represented by a lawyer in the District Native Court (s 27(1)).

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Can I bring a lawyer to the Native Court?

Not to the Native Court or the District Native Court: no advocate may appear there. An advocate registered as a Native Court of Appeal advocate may appear in the Native Court of Appeal, and anyone else may represent you only with the court’s permission (NCE 1992 s 27).

How long do I have to appeal a Native Court decision?

File the notice of appeal within 60 days of the order. Filing in time stays execution of the order (NCE 1992 s 20).

Is the Native Courts Enactment 2026 in force?

Its text says it comes into operation on a date appointed by the Minister in the Gazette (NCE 2026 s 1(2)). Until then the 1992 Enactment continues to apply; check the Gazette for the commencement date.

Can a native sell Native Title land to a non-native?

Not without the Minister’s written permission (Land Ordinance s 17(1)); the route is a surrender and a new lease to the buyer if approved (s 17(2)). A native owner may charge the land to approved lenders (s 17(4)) or sublease it to a non-native for up to 30 years (s 17(5)).

What makes land subject to native customary rights?

Among others: customary tenure (three or more consecutive years of occupation or cultivation), fruit trees at 50 or more per hectare, land cultivated or built on within three years, burial grounds and shrines, and usual rights of way (Land Ordinance ss 15, 65).

How long do I have to sue over an injury in Sabah?

Three years from when the injury was committed (Limitation Ordinance Cap. 72, Schedule, art 94A). The suit is dismissed if filed late and limitation is raised as a defence (s 3).

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This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Sarawak: native courts, native customary rights (NCR) land, customary marriages and time limits Courts and their powers Small Estates (Distribution) Act 1955 (Act 98)Limitation Act 1953 Wills and estates National Land Code (Revised 2020)